Chapter 328
AN ACT ESTABLISHING A BOARD OF PUBLIC WORKS AND A DEPARTMENT OF PUBLIC WORKS IN THE CITY OF NORTHAMPTON.

Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the same,
as follows:

SECTION 1.
There shall be in the city of Northampton a board of
public works,
hereinafter called the board, whose members shall be appointed by the mayor
subject
to confirmation by the city council; and a department of public works which
shall
be under the direction and control of the director of public works, hereinafter
called the director.

SECTION 2.
On the first Monday of the first month following the
effective date
of this act, and except as otherwise provided in this act, the board shall have
all of the duties, responsibilities, powers and functions previously vested in
the board of public works by the General Laws, special act, city charter or
ordinance.

No contract or liability shall be affected by any revision of the duties
of
the board but, in all respects, the board shall be the lawful successor of the
board of public works established under chapter 389 of the acts of 1961 as
incorporated in article 12 of the charter of the city of Northampton.

SECTION 3.
The mayor shall appoint the members of the board who shall
be
registered voters of the city and the appointment shall be subject to
confirmation
by the city council. The initial board shall be comprised of the membership of
the
board of public works established under chapter 389 of the acts of 1961 as
incorporated in article 12 of the charter of the city of Northampton. The
term
of each member of the board shall coincide with such members term as a member
of
the board of public works established under said chapter 389.

The mayor and the city council, by majority vote, may remove any
member of the board for cause by written charges proffered by the mayor or any
2
members of the city council. In the event of a vacancy in the board, the mayor
shall appoint a registered voter of the city to fill the vacancy for the
remainder of the unexpired term, subject to confirmation by the city council.
The
members of the board upon its formation shall elect 1 of its members as
chairman for the ensuing year, or until his successor is elected and qualified,
and thereafter such election shall be held annually in March.

The board shall keep a written record of all of its proceedings. It shall
prepare annually and file with the city council a written report of its
activities
and its recommendations, if any. The board shall establish for each fiscal
year a
master plan for all major public works in the areas falling under the
jurisdiction of the department of public works, giving priority to the projects
in
accordance with their necessity and importance, and shall also establish a
5-year
public works plan and any further long-range planning it may deem to be in the
best interests of the city.

SECTION 4.
The director of public works shall be appointed by the
mayor to hold
office at the pleasure of the mayor.

The director of public works shall be in charge of and have direction and
control of the department of public works, and shall cause to be performed all
the
work of construction, reconstruction, alteration, repair, maintenance and
upkeep,
and all other work incidental thereto, in accordance with policies, long-range
plans, priority of major projects, and capital outlay requirements as may be
authorized and established by the board of public works. The director may
establish divisions within the department of public works, including but not
limited to, those encompassing the following responsibilities: streets;
engineering; water; equipment maintenance; administration and purchasing;
parks and cemeteries, including recreation grounds.

Each division shall assume management and control as determined by the
director. The director, from time to time, after consultation with the board,
may
combine and consolidate supervision of any of the divisions and, with the
approval
of the mayor, may establish other divisions. The director may make rules and
regulations for the government of the department of public works and divisions
thereof, and shall attend to the proper enforcement of the same. The director
shall have jurisdiction over the divisions and over each member of each
division,
and shall after approval by the mayor fix all salaries of the personnel under
his jurisdiction within the wage scales established by the mayor. The director
shall appoint all employees of the department of public works. The director
shall
perform all other duties and exercise all other powers as may be lawfully
assigned to the department of public works by ordinance of the city council.
The
director shall have all of the powers and duties previously vested in the city
engineer under chapter 389 of the acts of 1961 as incorporated in article 12
of
the charter of the city of Northampton, by General Law, special act or
ordinance,
or which may from time to time be vested in the director.

SECTION 5.
Except as otherwise provided in this act, the board shall
have all of
the powers and responsibilities of the board of public works established under
chapter 389 of the acts of 1961 as incorporated in article 12 of the charter
of
the city of Northampton.

The board shall have the following powers and duties:-

(1) establish for each fiscal year a master plan for all major public works
in
the areas falling under the jurisdiction of the department of public works
giving
priority to the projects in accordance with their necessity and importance;

(2) establish a 5-year public works plan, set other long-range planning it
may deem to be in the best interests of the city;

(3) respond to citizen inquiries and conduct public hearings related to
planning
and policy of the department of public works;

(4) oversee Water and Sewer Enterprise Funds, and have the following duties
related to the same, that is to set water and sewer rates, to act on water and
sewer
claims and any other powers or duties granted to the department of public works
under chapter 389 of the acts of 1961 as incorporated in article 12 of the
charter of the city of Northampton;

(5) set policies, rules and regulations related to the functions of the
department
of
public works;

(6) issue permits and set fees for all permits assigned by law, ordinance or
regulation to the department of public works;

(7) sign and approve all contracts and change orders for goods and services
purchased by the department of public works, except for those goods and
services
purchased pursuant to other city procurement policies;

(8) serve in an advisory capacity to the mayor and city council as follows:-

(i) advise the mayor on decisions related to the department of public works;

(ii) review candidates for the position of director of the department of
public
works and advise the mayor regarding appointment;

(9) provide advice as requested by the director on water, sewer, street and
other city infrastructure issues; and

(10) provide information to the mayor, the city council, city departments
and
the public on all matters related to the department of public works.

SECTION 6.
Except for the director, all persons employed by or under
the
supervision of the board of public works established under chapter 389 of the
acts of 1961 as incorporated in article 12 of the charter of the city of
Northampton, shall be supervised by the director.

SECTION 7.
This act shall take precedence over any provision of the
charter or
any ordinance of the city of Northampton which is inconsistent with the
provisions
of this act.